1 important information
Please note that data subjects have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk) in respect of the UK GDPR; or The National Data Protection Commission (Commission Nationale pour la Protection des Données – CNPD), the Luxembourg supervisory authority for data protection issues (https://cnpd.public.lu/en.html) in respect of the EU GDPR. We would, however, appreciate the chance to deal with data subjects’ concerns before they approach the ICO or CNPD, so please contact us in the first instance.
It is important that the personal data we hold about data subjects is accurate and current. Please keep us informed if any of the data subjects’ personal data that you provided in relation to the Data Sharing Activities changes. We will ask you to maintain the accuracy of your responses within the survey through email reminders.
2 the data we collect
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about data subjects which we have grouped together as follows:
- Identity and Contact Data includes names and contact details, the directorships positions, ownership interests and reference customer details.
- Profile and Transaction Data includes your username and password for The Knowledge Group Marketplace, and details about the arrangements you enter into with Buyers.
- Technical Data includes internet protocol (IP) address, your login data associated with your user activity (other than your username and password), browser type and version, cookies, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access The Knowledge Group Marketplace.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties.
We also collect, use and share “Aggregated Data” which is statistical data about the performance of Agents. Aggregated Data could be derived from personal data but is not considered personal data in law as this data will not directly or indirectly reveal an identifiable person.
We do not collect any special categories of personal data (therefore, we do not collect details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
if you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to allow you to continue as a Provider on The Knowledge Group Marketplace). In this case, we will notify you if this is the case at the time, and we may have to terminate our contract with you.
3 how personal data is collected
We use different methods to collect data from and about you and your third parties including through:
- Direct interactions. You will give us personal data by filling in the tkg Supplier Onboarding Survey and use by you of The Knowledge Group Marketplace. You may also share performance data about Agents with us, which must be provided in an anonymised form.
- Automated technologies or interactions. As you interact with The Knowledge Group Marketplace, we will automatically collect Technical Data and Profile and Transaction Data about your equipment and activity. We may collect this personal data by using cookies and other similar technologies.
4 how we use personal data
We will only use personal data when the law allows us to. Most commonly, we will use personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and the data subject’s interests and fundamental rights do not override those interests. This may include for marketing purposes.
- Where we have obtained your consent. Where appropriate, we will obtain your consent before sending direct marketing communications to you, and you have the right to withdraw your consent to marketing at any time by contacting us.
- Where we need to comply with a legal obligation.
purposes for which we will use personal data
We have set out below, in a table format, a description of the ways we plan to use personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process personal data for more than one lawful ground depending on the specific purpose for which we are using the data. Please contact us if you need details about the specific legal ground we are relying on to process personal data where more than one ground has been set out in the table below.
|purpose/activity||type of data||lawful basis for processing including basis of legitimate interest|
|To onboard you as a Provider onto The Knowledge Group Marketplace using the information provided in the tkg Supplier Onboarding Survey. To also undertake analysis for considering potential ‘matching’ with Buyer’s requirements.||(a) Identity and Contact Data (b) Profile and Transaction Data||(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to run our business by managing The Knowledge Group Marketplace and having details of the Provider so as to assist with decisions as to who is likely to be appropriately qualified to deliver the services to meet the Buyer’s requirements).|
|To review transactions with Buyers and manage The Knowledge Group Marketplace.||(a) Identity and Contact Data (b) Profile and Transaction Data (c) Technical Data||(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to run our business by managing The Knowledge Group Marketplace).|
|To administer and protect our business and The Knowledge Group Marketplace (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).||(a) Identity and Contact Data (b) Profile and Transaction Data (c) Technical Data||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a corporate/business sale, reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation.|
|To use data analytics and cookies to improve The Knowledge Group Marketplace, marketing, customer relationships and experiences||Technical Data||(a) Consent for cookies. (b) Necessary for our legitimate interests (to understand which other websites visitors have recently visited, define types of customers for our services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy).|
|To send you relevant content and marketing and measure or understand the effectiveness of the marketing we send to you||(a) Identity and Contact Data (b) Profile and Transaction Data (c) Marketing Data||Necessary for our legitimate interests (to study how providers use The Knowledge Group Marketplace and respond to our marketing, to develop them, to grow our business and to inform our marketing strategy).|
We may use your data to form a view on what we think you may want or need, or what may be of interest to you, from us or third parties. This is how we decide which services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or use The Knowledge Group Marketplace and you have not opted out of receiving that marketing. You may also receive marketing from third parties if we share your personal data with them (please see below for further detail in the section Disclosures of your personal data).
You can ask us to stop sending you marketing messages at any time by contacting us at any time.
change of purpose
We will only use the personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
You confirm that you are authorised by the data subjects for us to provide any necessary information for UK GDPR or EU GDPR purposes to you on their behalf as their agent, and you will, therefore, convey that information to them.
Please note that we may process personal data without the data subjects’ knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5 disclosures of personal data
We may share personal data with the parties for the purposes set out below:
- The Knowledge Executive. The Knowledge Executive are a South African based business services organisation, and so we may share the following data for the following purposes: Business match making services and anonymised general information for the production of reports on industry trends and developments.
- Our service providers which act as processors, in respect of the: capturing, hosting, analysing, matching (with Buyers), and transferring of information from the tkg Supplier Onboarding Survey and The Knowledge Group Marketplace
- Buyers. Prospective Buyers and actual Buyers will be able to access data from the Provider when deciding whether to engage with them for the global business services.
- 3rd parties who may attempt to sell things to the Providers on the back of the data the Providers have provided. The following data will be shared for the following purposes: marketing of services which may be of interest.
- Organisations who pay a licence fee to tkg to access the data. The following data will be shared for the following purposes: anonymised data only. We will never sell your personal details or contact details
- tkg group companies. The following data will be shared for the following purposes:
We require all third parties to respect the security of personal data and to treat it in accordance with the law. We do not allow our third-party processors to use personal data for their own purposes and only permit them to process personal data for specified purposes and in accordance with our instructions.
6 international transfers
By being a Provider on The Knowledge Group Marketplace, you acknowledge that personal data may be transferred outside the UK in the following ways:
- As a joint controller of your personal data, The Knowledge Group Services Europe SARL will have access to personal data. It will access the personal data for the purposes of managing The Knowledge Group Marketplace in Luxembourg.
- We may also share personal data with other companies within the tkg group companies which are based in South Africa. We will only share personal data with such entities outside the UK where employees working on behalf of the tkg group companies who help to manage The Knowledge Group Marketplace are based outside the UK.
- Buyers from all over the world are able to sign up to The Knowledge Group Marketplace. To be able to enter into contracts for your services, personal data will be shared with Buyers whose requirements seem to match your service offering, as a Provider.
Whenever we transfer personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented (as applicable, depending upon whether it is a transfer from the UK or EEA):
- We may transfer personal data to countries that have been deemed to provide an adequate level of protection for personal data;
- We may use specific contracts approved for use in the UK or EEA, which give personal data the same protection it has in the UK or EEA (as applicable).
- Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
7 data security
We have put in place appropriate security measures to seek to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to personal data to staff who have a business need to know. They will only process personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8 data retention
How long will we use personal data for?
We will only retain personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. Further details are available by contacting us.
We may retain personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you or a data subject.
9 your legal rights
Under certain circumstances, data subjects have rights under data protection laws in relation to their personal data as follows:
9.1 Request access to their personal data (commonly known as a “data subject access request”). This enables them to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.
9.2 Request correction of the personal data that we hold about them. This enables them to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data they provide to us.
9.3 Request erasure of their personal data. This enables them to ask us to delete or remove personal data where there is no good reason for us continuing to process it. They also have the right to ask us to delete or remove their personal data where they have successfully exercised their right to object to processing (see below), where we may have processed their information unlawfully or where we are required to erase their personal data to comply with local law. Note, however, that we may not always be able to comply with their request of erasure for specific legal reasons which will be notified to them, if applicable, at the time of their request.
9.4 Object to processing of their personal data where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms. They also have the right to object where we are processing their personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process their information which override their rights and freedoms.
9.5 Request restriction of processing of their personal data. This enables them to ask us to suspend the processing of their personal data in the following scenarios:
- If they want us to establish the data’s accuracy.
- Where our use of the data is unlawful but they do not want us to erase it.
- Where they need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims.
- They have objected to our use of their data but we need to verify whether we have overriding legitimate grounds to use it.
9.6 Request the transfer of their personal data to them or to a third party. We will provide to them, or a third party they have chosen, their personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which they initially provided consent for us to use or where we used the information to perform a contract with them.
9.7 Withdraw consent at any time where we are relying on consent to process their personal data. However, this will not affect the lawfulness of any processing carried out before they withdraw their consent. If they withdraw your consent, we may not be able to provide certain products or services to them. We will advise you, as their agent, if this is the case at the time they withdraw their consent.
If data subjects wish to exercise any of the rights set out above, please contact us.
Data subjects will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if their request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with their request in these circumstances.
what we may need from you
We may need to request specific information from you to help us confirm the respective data subject’s identity and ensure their right to access their personal data (or to exercise any of their other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to their request to speed up our response.
time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if the request is particularly complex or the data subject has made a number of requests. In this case, we will notify you and keep you updated, as their agent.
Agents means the people who work for the Providers.
Buyers means the people or organisations requiring global business services.
The Knowledge Group Marketplace means a virtual marketplace where Buyers can find and buy global business services.
Provider means the supplier of the global business services.
tkg means The Knowledge Group Services Limited and The Knowledge Group Services Europe SARL.
tkg Supplier Onboarding Survey means the survey to obtain information about a Provider to onboard them onto The Knowledge Group Marketplace and analyse which Buyers the Provider seems to be appropriate to match with.